apply for GC after marriage with H1-B visa

[Xuan 0]

Hi, I am new to this forum and would like to seek help/advise for my greencard application.

My info: I entered US as F1 student and now am working with a H1-B visa. I have married a US citizen two month ago and now I am preparing to file I130/I485 concurrently. I have been on maternity leave (since May and will end in mid-August). I don't plan to return to work so I think my H1B visa would expire once my job ends. If I file my GC application (mail out the package) before my job ends/visa expires, does that mean I can stay in the US legally? Or do I need to receive receipt from immigration before my visa expries to stay legal? Do you think it would be necessary for me to file an extension of my maternity leave in order to keep my visa valid longer? Please advise me as I am a little confused and don't want to screw up the dates. Thanks.

[Harpa Timsah 13,258]

Once the package is accepted for initial review, you enter a NEW period of authorized stay. You do not need to extend your visa. The only thing that your losing your H1B would affect is your ability to work or travel abroad while I-485 is pending. Normally, people cannot leave the country in that position until they get temporary travel permission (called Advance Parole). An H1B is rare in the sense that normally, the H1B with a pending I-485 can continue to travel whereas most other visas cannot. If your H1B expires, you would just be in the category of people who are legally present (because of pending I-485) but cannot work or travel until permission is granted. Once you get the GC, the temporary permissions are no longer needed. Good luck!

[Xuan 0]

Thanks for your reply, Harpa. What do you mean by "once the package is accepted for initial review"? Do I get a receipt/notice from the immgration saying that the package is received? or do I send a certified mail so I have a receipt from the post office that I submitted. I appreciate your help.

[Harpa Timsah 13,258]

You send your package to a mailroom and someone there carefully opens it and puts all of the pieces in a file. If there is enough of the pieces and the correct fee and signatures, then they will send you a receipt number and cash your check and you can track your progress online (though online is often incorrect). This also is your case number. This process takes anywhere from a few days to a month. If your package has the wrong fee or is missing so many pieces it is impossible to adjudicate, they will reject the package and send it back to you to try again. If your package is accepted for initial review (the first step) then you will enter a NEW period of authorized stay based on your pending I-485. Getting the receipt number and having it be accepted is different than just getting a confirmation that it was delivered from the mailman.

[milimelo 4,500]

Moving to AOS from tourist, student, work visa.

[Xuan 0]

Thank you for clarifying. Now I got it